VDOT Virginia Department of Transportation
REQUEST FOR QUALIFICATIONS
A DESIGN-BUILD PROJECT
Replacement of I-81 Bridges over Rte. 11, Norfolk Southern
Railway & Middle Fork Holston River From: 1.96 miles North of Exit 50
To: 2.86 miles North of Exit 50
Smith County/ City of Atkins, Virginia
State Project No.: 0081-086-818; 0081-086-742
Federal Project No.: BR-081-1(336)
Contract ID Number: C0097555DB102
DATE: June 1, 2018
TABLE OF CONTENTS
1.0 INTRODUCTION .................................................................................................. 3 2.0 BACKGROUND INFORMATION ....................................................................... 3
2.1 Project Overview ................................................................................................ 3 2.2 Offeror’s Scope of Work .................................................................................... 4
2.3 Legislative Authority for the Project .................................................................. 5 2.4 Procurement Overview of the Project ................................................................ 5 2.5 Schedule ............................................................................................................. 5 2.6 Evaluation Team ................................................................................................. 6 2.7 VDOT’s Point of Contact ................................................................................... 6
2.8 RFQ Information Package .................................................................................. 7 2.9 RFQ Documents and Addenda ........................................................................... 7 2.10 Acknowledgment of Receipt of RFQ, Revisions, and/or Addenda ................... 7
2.11 Project Information Meeting .............................................................................. 7 3.0 CONTENTS OF STATEMENTS OF QUALIFICATIONS .................................. 8
3.1 General ............................................................................................................... 8
3.2 Letter of Submittal .............................................................................................. 8 3.3 Offeror’s Team Structure ................................................................................. 12 3.4 Experience of Offeror’s Team .......................................................................... 14
3.5 Project Risks ..................................................................................................... 15 4.0 EVALUATION OF THE STATEMENTS OF QUALIFICATIONS .................. 15
4.1 Statement of Qualifications Evaluation Factors ............................................... 16 5.0 STATEMENT OF QUALIFICATIONS SUBMITTAL REQUIREMENTS ...... 16
5.1 Due Date, Time and Location .......................................................................... 16
5.2 Format .............................................................................................................. 17
6.0 QUESTIONS AND CLARIFICATIONS ............................................................. 19 7.0 RIGHTS AND OBLIGATIONS OF VDOT ........................................................ 19
7.1 Reservation of Rights ....................................................................................... 19
7.2 VDOT Not Obligated for Costs of Proposing .................................................. 21 8.0 PROTESTS ........................................................................................................... 21
9.0 ADMINISTRATIVE REQUIREMENTS ............................................................ 22 10.0 DISADVANTAGED BUSINESS ENTERPRISES (DBEs) ................................ 23 11.0 MISCELLANEOUS ............................................................................................. 26
11.1 Requirement to Keep Team Intact .................................................................... 26 11.2 Conflict of Interest ............................................................................................ 26
11.3 Ethics in Public Contracting Act ...................................................................... 28 11.4 Virginia Freedom of Information Act .............................................................. 28
11.5 Compliance with the Law in Virginia .............................................................. 29 12.0 ATTACHMENTS ................................................................................................. 29
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1.0 INTRODUCTION
The Virginia Department of Transportation (VDOT) submits this Request for
Qualifications (RFQ) to solicit Statements of Qualifications (SOQs) from those entities
(Offerors) interested in contracting to serve as the Design-Builder for the Replacement of I-81
Bridges over Rte. 11, Norfolk Southern Railway & Middle Fork Holston River (Project). The
purpose of this RFQ is to solicit information that will enable VDOT to determine which
Offerors: (a) are best qualified to successfully execute the design and construction of the Project;
and (b) will be invited to submit proposals in response to VDOT’s Request for Proposals (RFP).
Offeror’s SOQs will be rated and scored by a VDOT Evaluation Team based upon the evaluation
criteria established in this RFQ and in accordance with the Design-Build Evaluation Guidelines,
revised May 2014. A copy of the same may be found at
http://www.virginiadot.org/business/design-build.asp.
Offeror’s SOQs must meet all requirements established by this RFQ. Requirements of
this RFQ generally will use the words “shall”, “will”, or “must” (or equivalent terms) to identify
a required item that must be submitted with an Offeror’s SOQ. Failure to meet an RFQ
requirement may render an Offeror’s SOQ non-responsive while the extent to which an Offeror
meets or exceeds evaluation criteria will be rated by the VDOT Evaluation Team and be
reflective of the VDOT Evaluation Team’s scoring (in their sole discretion) of Offeror’s SOQs.
2.0 BACKGROUND INFORMATION
2.1 Project Overview
The project is located in Smyth County, Virginia within the city limits of Atkins at
approximately mile marker 52.9 on I-81. The existing structures span over US 11, Norfolk
Southern Railway and Middle Fork Holston River between the river’s intersection with Snavely
Branch and Crow Branch. The existing bridges were built in 1964 and rehabilitated in1985. They
each carry two lanes of I-81 traffic, over US 11 in Span No. 2, Norfolk Southern Railway in
Span No. 4 and the Middle Fork Holston River in Span No. 6 under normal flow conditions.
Based on the 2014 Bridge Inspection report and subsequent field inspections, the North bridge is
considered structurally deficient. The South bound bridge is not considered structurally deficient
but shows various signs of deterioration in the deck, the steel beam superstructure and the
concrete substructure units. The deterioration includes delamination, rust, peeling paint,
efflorescence and spalls, some with exposed corroded rebar.
The Project primarily includes replacement of the I-81 Northbound and Southbound
bridges including associated approach work while minimizing impact to the traveling public and
adjacent Railroad.
VDOT’s current estimated contract value for this Project is approximately $21,000,000.
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2.2 Offeror’s Scope of Work
The scope of work to be undertaken by the Design-Builder under the design-build
contract for this Project will be identified in the RFP. This work includes, among other things all
work required to support the design and construction of: (a) roadway; (b) survey; (c) structure
and/ or bridge; (d) environmental (e) geotechnical; (f) hydraulics; (g) traffic control devices; (h)
transportation management plan; (i) right-of-way; (j) utilities; (k) public involvement/ relations
(l) quality assurance and quality control; (m) railroad coordination; (n) construction engineering
and inspection; and (o) overall Project management. Offerors should note that all work
performed on this Project shall be completed using English Units.
Environmental work shall address all items necessary for the acquisition of water quality
permits in the name of the Design-Builder for the Project. In accordance with the requirements
of the National Environmental Policy Act (NEPA), VDOT has completed a Categorical
Exclusion dated May 7, 2018. The Design-Builder will be required to fulfill all commitments
included in the NEPA Document.
Utility work includes all items necessary to perform the relocations, adjustments and
coordination of utilities.
It is anticipated that all work will be within the existing VDOT right-of-way limits. Some
elements of the work are anticipated to require railroad easement. The Offeror’s Right-of-Way
team member shall be a VDOT prequalified right-of-way contracting consultant, and must
include a VDOT prequalified Fee Appraiser and a VDOT prequalified Review Appraiser. All
Right of Way acquisitions and relocations shall be performed in accordance with the VDOT
Right of Way Manual and all applicable state and federal laws and regulations.
Railroad work includes all items necessary for coordination with Norfolk Southern
Railway and development of a Project work-plan and schedule that incorporates Norfolk
Southern’ s availability and schedule requirements.
Third Party work includes all items necessary for coordination with Federal Aviation
Authority, Other Federal Agencies, Smyth County, City of Atkins and development of a Project
work-plan and schedule that incorporates Third Party’s availability and schedule requirements.
Construction engineering and inspection work includes all items necessary for providing
quality assurance and quality control in accordance with VDOT’s Minimum Requirements for
Quality Assurance and Quality Control for Design-Build and Public-Private Transportation Act
Projects, revised January 2012.
Coordination with all third party stakeholders is the responsibility of the Design-Builder.
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2.3 Legislative Authority for the Project
§ 33.2-209(B) of the Code of Virginia authorizes VDOT and the Commonwealth
Transportation Board (CTB) to develop and award contracts using the design-build contracting
method. In accordance with the law, VDOT completed the Finding of Public Interest (FOPI)
dated May 31, 2018. The FOPI is available for review upon request.
2.4 Procurement Overview of the Project
VDOT will use a two-phase selection process for the selection of a Design-Builder for
the Project. This RFQ represents the first phase in the selection process. VDOT intends to
short-list the three (3) highest-ranked Offerors. Only the short-listed Offerors will receive the
RFP and be allowed to submit proposals. In the event the SOQ’s of three (3) or less Offeror’s are
determined to be responsive then those Offeror’s could be considered short-listed without the
SOQ’s being rated and scored by a VDOT Evaluation Team and be allowed to submit Proposals.
The second phase of the selection process will entail the submission of Technical
Proposals and Sealed Price Proposals from each short-listed Offeror. While the RFP will contain
specific requirements for the Technical and Sealed Price Proposals, as well as specific selection
criteria, VDOT anticipates that: (a) Technical Proposals will include, among other things, the
Offeror’s design/conceptual plans and a Project schedule; and (b) Sealed Price Proposals will
include, among other things, the fixed price for the design and construction of the Project.
VDOT further anticipates that upon completion of the evaluations of the Technical and Sealed
Price Proposals, the Division Administrator for the Alternative Project Delivery Division will
recommend the top-ranked Offeror to the Chief Engineer for an award of a fixed price design-
build contract by the CTB.
Alternative Technical Concepts (ATC) may be permitted during the RFP phase of the
Project. Should VDOT decide to consider ATCs, specific details will be provided in the RFP. A copy
of VDOT’s draft ATC Process and Procedures may be found at
http://www.virginiadot.org/business/design-build.asp.
Offerors are on notice that VDOT may, in its sole discretion, negotiate and award a
design-build contract to an Offeror if, upon a written determination, VDOT determines that such
Offeror is the only Offeror fully qualified to perform the proposed design-build contract, or that
such Offeror is clearly more highly qualified than the others under consideration.
2.5 Schedule
VDOT currently anticipates conducting this procurement in accordance with the
following list of milestones. This schedule is subject to revision and VDOT reserves the right to
modify this schedule as it finds necessary, in its sole discretion.
Advertise RFQ 06/01/18
Project Information Meeting 06/12/18
at 10:00 AM (prevailing local time)
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Deadline to submit questions 06/21/18
at 4: 00 PM (prevailing local time)
VDOT will respond to questions 06/29/18
SOQ Submission Date 07/12/18
at 4:00 PM (prevailing local time)
Notification to Offerors of the short-list 08/17/18
Anticipated RFP Release Date 08/28/18
Technical Proposals are due 12/06/18
at 4:00 PM (prevailing local time)
Price Proposals are due 01/17/19
at 4:00 PM (prevailing local time)
Anticipated Award Date 02/20/19
Final Completion 05/23/22
2.6 Evaluation Team
An Evaluation Team will be appointed by VDOT to rate and score the SOQs. In addition
to the appointed Evaluation Team, VDOT may use any appropriate technical resources to
provide assistance in evaluating the submittals.
2.7 VDOT’s Point of Contact
VDOT’s sole point of contact (POC) for matters related to the RFQ shall be Suril R.
Shah, P.E. VDOT’s POC is the only individual authorized to discuss this RFQ with any
interested parties, including Offerors. All communications with VDOT’s POC about the Project
or this RFQ shall be in writing, as required by applicable provisions of this RFQ.
Name: Suril R. Shah, P.E
Address: Alternative Project Delivery Division
Virginia Department of Transportation
1401 East Broad Street
Richmond, VA 23219
Phone : 804-225-3799
Fax : (804) 786-7221
Email: [email protected]
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VDOT disclaims the accuracy of information derived from any source other than
VDOT’s POC, and the use of any such information is at the sole risk of the Offeror.
All written communications to VDOT from Offerors shall specifically reference the
correspondence as being associated with “Replacement of I-81 Bridges over Rte. 11, Norfolk
Southern Railway & Middle Fork Holston River , RFQ No.: C0097555DB102.”
2.8 RFQ Information Package
An RFQ information package is available to interested Offerors on CD for $50.00.
Interested Offerors should complete the RFQ Information Package Order Form included as
Attachment 2.8. The instructions for submittal and payment are included on the form.
The RFQ Information Package includes:
RFQ Conceptual Plans
Categorical Exclusion
Existing Roadway and Bridge Plans
Notice of Willingness
Offerors shall note that the RFQ Information Package is being provided for informational
purposes only and all documents included therein are subject to change; therefore, these
documents shall not be relied upon for the purposes of developing a Proposal.
2.9 RFQ Documents and Addenda
The RFQ Documents and Addenda, if any, will be posted on the VDOT Project website
at http://www.virginiadot.org/business/request-for-qualifications.asp. Hardcopies of the RFQ
Documents and Addenda on file will be available upon request. If there is any conflict between
the electronic format and hard copies of any RFQ Documents or Addendum, the hard copies on
file shall control.
2.10 Acknowledgment of Receipt of RFQ, Revisions, and/or Addenda
Offeror shall provide to VDOT the Acknowledgement of RFQ, Revisions, and/or
Addenda (Form C-78-RFQ), set forth as Attachment 2.10, signed by the Offeror’s Point of
Contact or Principal Officer with submission of the SOQ, which will serve as acknowledgement
that the Offeror has received this RFQ.
2.11 Project Information Meeting
VDOT will hold a Project information meeting for potential Offerors on the date and time
set forth in Section 2.5 above at the
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VDOT’s Bristol District Office Auditorium
870 Bonham Road, Bristol, VA 24201.
3.0 CONTENTS OF STATEMENTS OF QUALIFICATIONS
This Section describes specific information that must be included in the Statements of
Qualifications. The format for the presentation of such information is described in Section 5.2.
3.1 General
3.1.1 The RFQ phase of the procurement process is intended to enable Offerors to demonstrate
their qualifications to perform the Project, and to enable VDOT to evaluate those qualifications
in arriving at a short-list. Offerors are advised that the SOQ should include specific information
that will demonstrate the qualifications and experience required by this RFQ. Offerors should
note that it is not the intent of VDOT to receive Project-specific design or engineering
recommendations as part of this RFQ.
3.1.2. The SOQ will consist of all information required under this Section. Offerors shall
complete the SOQ Checklist, Attachment 3.1.2, and include it in their SOQs. The purpose of the
SOQ Checklist is to aid the Offeror in ensuring all submittal requirements have been included in
the Offeror’s SOQ and to provide a page reference indicating the location of each submittal
requirement in the SOQ.
3.1.3. Offerors shall be aware that VDOT reserves the right to conduct an independent
investigation of any information, including prior experience, identified in a Statement of
Qualifications by contacting project references, accessing public information, contacting
independent parties, or any other means. VDOT also reserves the right to request additional
information from an Offeror during the evaluation of that Offeror’s SOQ.
3.1.4. If the Offeror has concerns about information included in its Statement of Qualifications
that may be deemed confidential [or Proprietary], the Offeror shall adhere to the requirements set
forth by Section 11.4.2.
3.2 Letter of Submittal
3.2.1 The Letter of Submittal shall be on the Offeror's letterhead and identify the full legal
name and address of the Offeror. The Offeror is defined as the legal entity who will execute the
Contract with VDOT. The Letter of Submittal shall be signed by an authorized representative of
Offeror's organization. All signatures on the original Letter of Submittal shall be original and
signed in ink.
3.2.2 Identify the name, title, address, phone and fax numbers, and e-mail address of an
individual who will serve as the Point Of Contact for the Offeror.
3.2.3 Identify the name, address and telephone number of the individual who will serve as the
Principal Officer of the Offeror. (e.g., President, Treasurer, Chairperson of the Board of
Directors, etc.).
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3.2.4 Identify whether the Offeror will be structured as a corporation, limited liability
company, general partnership, joint venture, limited partnership or other form of organization.
Identify the team members who will undertake financial responsibility for the Project and
describe any liability limitations. If the Offeror is a limited liability company, partnership or
joint venture, describe the bonding approach that will be used and the members of such
organizations who will have joint and several liability for the performance of the work required
for the Project. A single 100% performance bond and a single 100% payment bond shall be
provided regardless of any co-surety relationship.
In order to pre-qualify as a Joint Venture a completed “Joint Venture Bidding
Agreement” must be submitted to and approved by VDOT prior to Statement of Qualifications
(SOQ) submittal due date and evidence of the approval shall be included in the appendix of the
SOQ. It should be noted that a Joint Venture is not required to register with the Virginia State
Corporation Commission (SCC). Each individual member of the Joint Venture must be
registered with the SCC in accordance with § 2.2-4311.2 of the Code of Virginia. As a
requirement of prequalification, Joint Venture entities need to be properly established with a
federal tax ID number. Specific guidance relative to the prequalification process can be found at
the following link: http://www.virginiadot.org/business/const/prequal.asp.
VDOT’s Construction Division does not provide prequalification certificates for Joint
Ventures however, a prequalification number will be issued for the Joint Venture.
3.2.5 Identify the full legal name of both the Lead Contractor and the Lead Designer for this
Project. The Lead Contractor is defined as the Offeror that will serve as the prime/general
contractor responsible for overall construction of the Project and will serve as the legal entity
who will execute the Contract with VDOT. The Lead Designer is defined as the prime design
consulting firm responsible for the overall design of this Project.
3.2.6 Provide the full legal name and address of all affiliated and/or subsidiary companies of
the Offeror on Attachment 3.2.6. Indicate which companies are affiliates and which companies
are subsidiaries. An affiliate shall be considered as any business entity which is closely
associated to another business entity so that one entity controls or has power to control the other
entity either directly or indirectly; or, when a third party has the power to control or controls
both; or where one business entity has been so closely allied with another business entity through
an established course of dealings, including but not limited to the lending of financial
wherewithal, engaging in joint ventures, etc. as to cause a public perception that the two firms
are one entity. Firms which are owned by a holding company or a third party, but otherwise
meet the above conditions and do not have interlocking directorships or joint officers serving, are
not considered to be affiliates.
If the Offeror does not have any affiliated and/or subsidiary companies, other than the
Offeror’s legal business entity, indicate such on Attachment 3.2.6.
The Offeror shall not submit more than one Statement of Qualifications for this Project.
If more than one Statement of Qualifications is submitted by an individual, partnership,
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Corporation, or any party of a Joint Venture, then all Statement of Qualifications submitted by
that individual, partnership, Corporation or Joint Venture shall be disqualified. If more than one
Statement of Qualifications is submitted by an affiliate or subsidiary company of an individual,
partnership, Corporation or any party of a Joint Venture, then all Statement of Qualifications
submitted by that individual, partnership, Corporation or Joint Venture shall be disqualified.
3.2.7 Execute and return the attached Certification Regarding Debarment Form(s) Primary
Covered Transactions, set forth as Attachment 3.2.7(a) and Certification Regarding Debarment
Form(s) Lower Tier Covered Transactions, set forth as Attachment 3.2.7(b) for the Offeror and
any subconsultant, subcontractor, or any other person or entity on the Offeror’s organizational
chart included in the Statement of Qualification.
If the Offeror and any subconsultant, subcontractor, or any other person or entity are
unable to execute the certification, then prospective participant shall attach an explanation to its
Certification Regarding Debarment Form. Failure to execute the certification will not necessarily
result in denial of award, but will be considered in determining the Offeror’s responsibility.
Providing false information may result in federal criminal prosecution or administrative
sanctions.
3.2.8 State the Offeror’s VDOT prequalification number and current VDOT prequalification
status (active, inactive, etc.) in the Letter of Submittal. Provide an 8.5” x 11” copy of the
Offeror’s VDOT prequalification certificate or evidence indicating Offeror is currently
prequalified in the appendix of the SOQ. The Offeror must be in good standing and prequalified
to bid on the Project as outlined in VDOT’s Rules Governing Prequalification Privileges at the
time of SOQ submittal. In order to prequalify as a Joint Venture, a completed “Joint Venture
Bidding Agreement” must be submitted to and approved by VDOT and evidence of the approval
shall be included in the appendix of the SOQ.
3.2.9 Include a letter from a surety or insurance company (with a Best’s Financial Strength
Rating of A minus and Financial Size Category VIII or better by A.M. Best Co.) in the appendix
of the SOQ stating that the Offeror is capable of obtaining a performance and payment bond
based on the current estimated contract value referenced in Section 2.1, which bonds will cover
the Project and any warranty periods (per VDOTs Design-Build Standard Template Documents
Parts 3, 4 & 5 (http://www.virginiadot.org/business/design-build.asp)). The letter of surety shall
clearly state the rating categorization noted above and reference the estimated contract value as
identified in Section 2.1, in a manner similar to the notation provided below:
“As surety for [the above named Contractor], [XYZ Company] with A.M. Best Financial
Strength Rating [rating] and Financial Size Category [Size Category] is capable of obtaining
100% Performance Bond and 100% Labor and Materials Payment Bond in the amount of the
anticipated cost of construction, and said bonds will cover the Project and any warranty periods
as provided for in the Contract Documents on behalf of the Contractor, in the event that such
firm be the successful bidder and enter into a contract for this Project.”
3.2.10 All business entities on the Offeror’s proposed team must comply with the law with
regard to their organizational structure, any required registration with governmental agencies
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and/or entities, and any required governmental licensure, whether business, commercial,
individual, or professional in nature, and nothing herein is intended to contradict, nor to
supersede, State and Federal laws and regulations regarding the same. All business entities on
the Offeror’s proposed team shall be eligible at the time of their SOQ submittal, under the law
and relevant regulations, to offer and to provide any services proposed or related to the Project.
All business entities on the Offeror’s proposed team shall satisfy all commercial and professional
registration requirements, including, but not limited to those requirements of the Virginia State
Corporation Commission (SCC) and the Virginia Department of Professional and Occupational
Regulations (DPOR). Full size copies of DPOR licenses and SCC registrations, or evidence
indicating the same, should be included in the appendix of the SOQ. Additionally, the following
information should be provided on Attachment 3.2.10:
.1 The SCC registration information for each business entity on the Offeror’s
proposed team. Provide the name, registration number, type of corporation and
status.
.2 For this Project, the DPOR registration information for each office practicing or
offering to practice any professional services in Virginia. Provide the business
name, address, registration type, registration number and expiration date.
.3 For this Project, the DPOR license for each Key Personnel practicing or offering
to practice professional services in Virginia. Provide the name, the address, type,
the registration number, expiration date and the office location where each Key
Personnel member is offering to practice professional services in Virginia.
.4 For this Project, the DPOR license for those services not regulated by the Board
for Architects, Professional Engineers, Land Surveyors, Certified Interior
Designers, and Landscape Architects (i.e. real estate appraisal). Provide the
name, address, type, the registration number, and the expiration date of the
individual offering services in Virginia.
Failure to comply with the law with regard to those legal requirements in Virginia
(whether federal or state) regarding your organizational structure, any required registration with
governmental agencies and/or entities, and any required governmental licensure, whether
business, individual, or professional in nature may render your Proposal, in the sole and
reasonable discretion of the Department, non-responsive and in that event your Proposal may be
returned without any consideration or evaluation.
3.2.11 Provide a written statement within the Letter of Submittal that Offeror is committed to
achieving a Four percent (4 %) DBE participation goal for the entire value of the contract.
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3.3 Offeror’s Team Structure
The Offeror should provide sufficient information to enable VDOT to understand and
evaluate the Offeror’s Team. The Offeror should respond to the following:
3.3.1 Provide the identity of and information about the Key Personnel listed below. Job duties
and responsibilities of Key Personnel shall not be delegated to others for the duration of the
Design-Build Contract. This information is to be provided on the Key Personnel Resume Form
attached hereto as Attachment 3.3.1. Resumes for individuals who are not identified as Key
Personnel should not be included in the SOQ. The Key Personnel shall be employed full time by
the respective firms shown on the Organizational Chart at the time of submitting SOQs.
.1 Design-Build Project Manager (DBPM) – This individual shall be responsible
for the overall Project design and construction and shall have the necessary
expertise and experience required to supervise and exercise a degree of control of
the Work. Work is comprised of all Design-Builder’s design, construction, quality
management, contract administration and other services required by the Contract
Documents, including procuring and furnishing all materials, equipment, services
and labor reasonably inferable from the Contract Documents in a timely manner.
The individual should be capable of answering questions/inquiries relevant to the
project. The DBPM shall be responsible for meeting the Design-Builder’s
obligations under the Contract and avoiding and resolving disputes under Section
10.2.2 of RFP Part 4 - General Conditions of Contract. This individual shall also
coordinate any required public outreach and public meetings.
.2 Quality Assurance Manager (QAM) – This individual shall be from an
independent firm that has no contractual relationship and no involvement in
construction operations (to include QC inspection and testing) for the Project, and
shall be responsible for the quality assurance (QA) inspection and testing of all
materials used and work performed on the Project, to include monitoring of the
contractor's quality control (QC) program. The QAM will ensure that all work
and materials, testing, and sampling are performed in conformance with the
contract requirements and the "approved for construction" plans and
specifications. This individual shall be a registered, licensed, Professional
Engineer in the Commonwealth of Virginia. Provide a current list of
assignments and the anticipated duration of each assignment for all projects
in which the QAM is currently obligated.
.3 Design Manager (DM) – This individual shall be responsible for coordinating
the individual design disciplines and ensuring the overall Project design is in
conformance with the Contract Documents. The DM shall be responsible for
establishing and overseeing a QA/QC program for all pertinent disciplines
involved in the design of the Project, including, review of design, working plans,
shop drawings, specifications, and constructability for the Project. This
individual shall be a registered, licensed, Professional Engineer in the
Commonwealth of Virginia.
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.4 Construction Manager (CM) – This individual, who will be required to be on
the Project site for the duration of construction operations, shall be
responsible for managing the construction process, to include all Quality Control
(QC) activities to ensure the materials used and work performed meet contract
requirements and the “approved for construction” plans and specifications. The
CM shall hold a Virginia Department of Environmental Quality (DEQ)
Responsible Land Disturber (RLD) Certification and a VDOT Erosion and
Sediment Control Contractor Certification (ESCCC) or a statement shall be
included indicating this individual will hold these certifications prior to the
commencement of construction. Provide a current list of assignments and the
anticipated duration of each assignment for all projects in which the QAM is
currently obligated.
Evaluation Criteria 3.3.1: Extent to which the qualifications and experience of each of
the Key Personnel demonstrates their role, responsibility, and specific job duties as it relates to
the needs of this Project as specified in Section (g) of Attachment 3.3.1. The resume should
provide confidence to VDOT that the Project and risks will be effectively managed through
personal competence, accountability and availability to successfully deliver the Project. VDOT
reserves the right to consider as part of the evaluation of the Key Personnel their availability
and/or performance on past VDOT projects through review of VDOT records such as change
requests and reference checks with VDOT Project Managers.
3.3.2 Furnish an organizational chart showing the “chain of command” of all companies,
including individuals responsible for pertinent disciplines, proposed on the Offeror’s team.
Identify major functions to be performed and their reporting relationships in managing,
designing and constructing the Project and as required in Section 3.3.1. The team proposed by
Offeror including the Lead Contractor, the Lead Designer, Key Personnel, subcontractor and/or sub
consultant and other individuals identified on the organizational chart shall remain on the Offeror’s
team for the duration of the procurement process and, if the Offeror is awarded the Design-Build
Contract, the duration of the Design-Build Contract as required in Section 11.1.
The organizational chart should show a clear separation and independence between the Quality
Control (QC) and Quality Assurance (QA) programs for construction activities. This includes
separation between QA and QC inspection and field/laboratory testing in accordance with the
Minimum Requirements for Quality Assurance and Quality Control on Design Build and P3
Projects, January 2012. Additionally, furnish a narrative describing the functional relationships
and communication among participants, including design and construction team interaction
throughout the Project.
Evaluation Criteria 3.3.2: Extent to which the organizational chart and narrative
includes pertinent disciplines required for the Project and demonstrates a well-integrated
organization throughout the design and construction of the Project. Furthermore, the reporting
relationships are presented clearly with logical and appropriate reporting lines incorporating all
aspects of management, design and construction for the Project, including VDOT and third
parties, supporting effective communication and providing confidence to VDOT that the Project
will be delivered in accordance with the contract requirements. A clear separation is shown
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between QA and QC programs for construction activities. VDOT reserves the right to consider
as part of the evaluation of the Offeror’s organizational structure, the Offeror’s ability to keep
their team intact to include Key Personnel for the duration of the procurement and throughout
construction based on VDOT’s knowledge of personnel changes made by the Offeror on
previous VDOT Design-Build Contracts.
3.4 Experience of Offeror’s Team
Provide sufficient information to enable VDOT to understand and evaluate the
experience of the Offeror’s team on projects of similar scope and complexity.
3.4.1 Identify on the Lead Contractor Work History Form (Attachment 3.4.1(a)) three (3)
relevant projects by the Lead Contractor for this Project as identified Section 3.2.5, focusing on
what the Offeror considers most relevant in demonstrating the Lead Contractor’s qualifications
to serve as the Lead Contractor for this Project.
If work identified on the Lead Contractor Work History Form was performed by an affiliated or
subsidiary company of the Lead Contractor, explain the justification for utilizing an affiliated or
subsidiary company to satisfy the relevant project experience on this Project and the control the
Lead Contractor will exercise over the affiliated or subsidiary company on this Project.
Additionally, identify the full legal name of the affiliated or subsidiary company, describe their
role on this Project, indicate their responsibilities on the organizational chart and discuss how the
Lead Contractor will be responsible for the work performed by the affiliated or subsidiary
company on this Project. For all projects on the Lead Contractor Work History Form, identify
the prime design consultant responsible for the overall project design of the projects listed on the
Lead Contractor Work History Form.
Identify on the Lead Designer Work History Form (Attachment 3.4.1(b)) three (3)
relevant projects by the Lead Designer for this Project as identified in Section 3.2.5, focusing on
what the Offeror considers most relevant in demonstrating the Lead Designer’s qualifications to
serve as the Lead Designer for this Project. For all projects on the Lead Designer Work History
Form, identify the prime/general contractor responsible for overall construction of the projects
listed on the Lead Designer Work History Form.
A narrative description should be included on the Work History Form for each project.
The Work History Form shall include only one singular project. Projects/contracts with multiple
phases, segments, elements (projects), and/or contracts shall not be considered a single
project. If the Offeror chooses to submit work performed as a Joint Venture or Partnership,
identify how the Joint Venture or Partnership was structured and provide a description of the
portion of the work performed only by the Offeror’s firm. Any deviations from the requirements
noted herein may render a SOQ non-responsive.
Evaluation Criteria 3.4.1: Extent to which the experience provided on the Lead
Contractor and Lead Designer Work History Forms demonstrates the successful delivery of
relevant projects with similar scope and complexity.
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3.5 Project Risks
3.5.1 Provide a narrative for Project Risk 1 identified below that describes why the risk is
critical, indicate the impact the risk will have on the Project and discuss the mitigation strategies
the Offeror’s team may implement to address the risk. Describe the role that the Offeror expects
VDOT or other agencies may have in addressing this risk.
Project Risk 1: Railroad Coordination
There will be significant requirements for working adjacent to and over the Norfolk Southern
Railroad requiring close coordination with Norfolk Southern Railroad during design and
construction of this Project.
Project Risks 2 and 3
The Offeror shall identify and discuss two additional unique risks for this Project, focusing on
what is considered the most relevant and critical to the success of this Project. Provide a
narrative for each risk that describes why the risk is critical, indicates the impact the risk will
have on the Project and discusses the mitigation strategies the Offeror’s team may implement to
address the risk. Describe the role that the Offeror expects VDOT or other agencies may have in
addressing these Project risks. Each risk identified should be a unique, singular risk and should
not include multiple subsets under a risk category.
Evaluation Criteria 3.5.1: Extent to which Offeror has addressed the Project Risk 1
as well as identified two additional critical Project risks, explained the impact of each risk and
developed an appropriate mitigation strategy that will ensure the successful delivery of the
Project and will minimize the likelihood of additional efforts needed by VDOT or other
agencies.
4.0 EVALUATION OF THE STATEMENTS OF QUALIFICATIONS
4.0.1 VDOT’s Evaluation Team will rate and score (in their sole discretion) the Offeror’s
Statements of Qualifications based upon the evaluation criteria found in this RFQ and in
accordance with the Design-Build Evaluation Guidelines, revised May 2014. Failure to meet all
RFQ requirements may render a Statement of Qualification non-responsive while the extent to
which an Offeror meets or exceeds evaluation criteria will be rated by the VDOT Evaluation
Team and will be reflective of the VDOT Evaluation Team’s scoring (in their sole discretion) of
the Statements of Qualifications submitted by Offerors.
4.0.2 In its sole discretion, VDOT may hold interviews, ask written questions of the Offerors,
seek written clarifications, conduct discussions on the SOQs and solicit updated SOQs during the
evaluation and short-listing process.
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4.1 Statement of Qualifications Evaluation Factors
4.1.1 The Statements of Qualifications will be evaluated based upon the following:
Section Weight
3.3 Offeror’s Team Structure 30%
3.4 Experience of Offeror’s Team 40%
3.5 Project Risks 30%
TOTAL 100%
4.1.2 Each evaluation criterion has been assigned a maximum number of points or rating
weight that demonstrates its relative importance. The total score will be determined as follows:
(a) For each sub factor the Evaluation Team will assign a numerical score based on a 1-
10 scale in accordance with the Design-Build Evaluation Guidelines, revised May 2014.
(b) The score for each Section will be multiplied by the associated Weight percentage and
rounded to the nearest one hundredth of a point.
(c) The scores for each Section in (b) above will be added together. This score will be
the total score of the Statement of Qualifications.
A sample SOQ Score Sheet has been provided for reference in Attachment 4.1.2.
5.0 STATEMENT OF QUALIFICATIONS SUBMITTAL REQUIREMENTS
This Section describes the requirements that all Offerors must satisfy in submitting
Statements of Qualifications. Failure of any Offeror to submit its SOQ in accordance with this
RFQ may result in rejection of its Statements of Qualifications.
5.1 Due Date, Time and Location
All submissions, including hand-delivered packages, US Postal Service regular mail, US Postal
Service express mail, or private delivery service (FEDEX, UPS, courier etc.) must be delivered
to the following individual at the following address by the due date and time set forth in Section
2.5:
Commonwealth of Virginia
Department of Transportation (VDOT)
Central Office Mail Center
Loading Dock Entrance
1401 E. Broad Street
Richmond, Virginia 23219
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Attention: Suril R. Shah, P.E (APD Division)
Neither fax nor email submissions will be accepted. Offerors are responsible for
effecting delivery by the deadline above, and late submissions will be rejected without opening,
consideration, or evaluation, and will be returned unopened to the sender. VDOT accepts no
responsibility for misdirected or lost proposals.
5.2 Format
The Statement of Qualifications format is prescribed below. If VDOT determines
that an SOQ does not comply with or satisfy the format of this Section VDOT may find
such Statements of Qualifications to be non-responsive.
5.2.1 A sealed parcel containing the Statements of Qualifications shall be submitted on the due
date and time set forth in Section 2.5. If the sealed Statements of Qualifications is not submitted
on or before the above specified date and time, then the Offeror shall be deemed non-responsive
and will be disqualified from participating in the procurement for this Project. Parcels shall be
clearly marked to identify the Project and the Offeror, and to identify the contents as the
Statement of Qualifications.
5.2.2 The Statement of Qualifications shall be:
.1 Prepared on 8.5” x 11” white paper (The Work History Forms shall be prepared
on 11” x 17” paper, but must be folded to 8.5” x 11”)
.2 Typed on one (1) side only
.3 Separated by numbered tabs with sections corresponding to the order set forth in
Section 3.0.
All printing, except for the front cover of the Statement of Qualifications, should be
Times New Roman, with a font of 12-point (Times New Roman 10 point font may be used for
filling out information on the Key Personnel Resume Form and the Work History Forms).
The format and appearance, including existing text, of the Key Personnel Resume Form
and the Work History Forms should not be modified. The Key Personnel Resume Forms shall
not exceed two (2) pages for each Key Personnel. The Work History Forms shall not exceed one
(1) page per project for each the Lead Contractor and the Lead Designer.
5.2.3 Each Offeror shall deliver one (1) original paper version of the Statements of
Qualifications, with full supporting documentation, which must bear original signatures, and one
(1) CD-ROM containing the entire Statement of Qualifications in a single cohesive Adobe PDF
file.
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The original Statement of Qualifications shall be securely bound and contained in a
single volume, with an identity on its front cover, in the upper right-hand corner, as “Original.”
Three ring binders are not permissible.
The original Statement of Qualifications shall include:
The Letter of Submittal
Evaluation Criteria
o Offeror’s Team Structure
o Experience of the Offeror’s Team
o Project Risks
The SOQ Checklist
Form C-78-RFQ
List of Affiliated and Subsidiary Companies
Debarment Forms
Offeror’s VDOT Prequalification Certificate
Surety Letter
SCC and DPOR Information Tables
Full size SCC and DPOR supporting registration/ license documentation
Key Personnel Resume Forms
Work History Forms
The Statement of Qualifications shall be no more than fifteen (15) pages total. Page
number references should be included in the lower right hand corner on each page of the
Statement of Qualifications. VDOT will remove and discard all pages in excess of the
stipulated page limit. Animated videos/ motion pictures are prohibited. The SOQ Checklist,
Form C-78-RFQ, List of Affiliated and Subsidiary Companies, Debarment Forms, Offeror’s
VDOT Prequalification Certificate, Surety Letter, SCC and DPOR Information Tables, Full size
SCC and DPOR supporting registration/ license documentation, Key Personnel Resume Forms,
and Work History Forms shall be included in appendices and these documents shall not be
counted against the above-referenced page limit. The numbered tabs separating each section
shall not count against the above referenced page limit, provided that no project specific
information is included on them.
5.2.4 Each Offeror shall also deliver ten (10) abbreviated paper copies of the original
Statements of Qualifications.
Each abbreviated copy of the Statement of Qualifications shall be securely bound and
contained in a single volume, with an identity on its front cover, in the upper right-hand corner,
as “Copy __ of 10 Copies.” Three ring binders are not permissible.
Each abbreviated copy of the Statement of Qualifications shall include identical copies of
the following information that was included in the original Statement of Qualifications:
The Letter of Submittal
Evaluation Criteria
o Offeror’s Team Structure
o Experience of the Offeror’s Team
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o Project Risks
Key Personnel Resume Forms
Work History Forms
The Key Personnel Resume Forms and Work History Forms shall be included in
appendices.
6.0 QUESTIONS AND CLARIFICATIONS
6.1 All questions and requests for clarification regarding this RFQ shall be submitted to
VDOT’s POC in electronic format (submission by email is acceptable). No requests for
additional information, clarification or any other communication should be directed to any other
individual. NO ORAL REQUESTS FOR INFORMATION WILL BE ACCEPTED.
6.2 All questions or requests for clarification must be submitted by the due date and time set
forth in Section 2.5. Questions or clarifications requested after such date and time will not be
answered, unless VDOT elects, in its sole discretion, to do so.
6.3 VDOT’s responses to questions or requests for clarification shall be in writing, and may
be accomplished by an Addendum to this RFQ. VDOT will not be bound by any oral
communications, or written interpretations or clarifications that are not issued in writing or set
forth in an Addendum.
6.4 VDOT, in its sole discretion, shall have the right to seek clarifications from any Offeror
to fully understand information contained in the Statement of Qualifications and to help rate and
score the Offerors.
7.0 RIGHTS AND OBLIGATIONS OF VDOT
7.1 Reservation of Rights
In connection with this procurement, VDOT reserves to itself all rights (which rights
shall be exercisable by VDOT in its sole discretion) available to it under applicable law,
including without limitation, the following, with or without cause and with or without notice:
7.1.1 The right to cancel, withdraw, postpone or extend this RFQ or the subsequent RFP in
whole or in part at any time prior to the execution by VDOT of a design-build contract, without
incurring any obligations or liabilities.
7.1.2 The right to issue a new RFQ.
7.1.3 The right to reject any and all submittals, responses and proposals received at any time.
7.1.4 The right to modify all dates set or projected in this RFQ.
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7.1.5 The right to terminate evaluations of responses received at any time.
7.1.6 The right to suspend and terminate the procurement process for the Project, at any time.
7.1.7 The right to revise and modify, at any time prior to the RFP submittal date, factors it will
consider in evaluating responses to this RFQ and the subsequent RFP and to otherwise revise its
evaluation methodology.
7.1.8 The right to waive or permit corrections to data submitted with any response to this RFQ
until such time as VDOT declares in writing that a particular stage or phase of its review of the
responses to this RFQ has been completed and closed.
7.1.9 The right to issue addenda, supplements, and modifications to this RFQ, including but not
limited to modifications of evaluation criteria or methodology and weighting of evaluation
criteria.
7.1.10 The right to permit submittal of addenda and supplements to data previously provided
with any response to this RFQ until such time as VDOT declares in writing that a particular stage
or phase of its review of the responses to this RFQ has been completed and closed.
7.1.11 The right to hold meetings and conduct discussions and correspondence with one or more
of the Offerors responding to this RFQ to seek an improved understanding and evaluation of the
responses to this RFQ.
7.1.12 The right to seek or obtain data from any source that has the potential to improve the
understanding and evaluation of the responses to the RFQ, including the right to seek
clarifications from Offerors.
7.1.13 The right to permit Offerors to add or delete firms and/or key personnel until such time as
VDOT declares in writing that a particular stage or phase of its review has been completed and
closed.
7.1.14 The right to add or delete Offeror responsibilities from the information contained in this
RFQ or the subsequent RFP.
7.1.15 The right to appoint and change appointees of any Evaluation Team.
7.1.16 The right to use assistance of technical and legal experts and consultants in the evaluation
process.
7.1.17 The right to waive deficiencies, informalities and irregularities in an SOQ, accept and
review a non-conforming SOQ or seek clarifications or supplements to an SOQ.
7.1.18 The right to disqualify any Offeror that changes its submittal without VDOT approval.
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7.1.19 The right to change the method of award between the advertisement of the RFQ and the
advertisement of the RFP.
7.1.20 The right to respond to all, some, or none of the inquiries, questions and/or requests for
clarification received relative to the RFQ.
7.1.21 The right to use all or part of an unsuccessful short-listed Offeror’s proposal that accepts
a Proposal Payment.
7.2 VDOT Not Obligated for Costs of Proposing
VDOT assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse
all or part of the costs incurred or alleged to have been incurred by parties considering a response
to and/or responding to this RFQ, or the subsequent RFP. All of such costs shall be borne solely
by each Offeror and its team members. Notwithstanding the above, VDOT intends to provide
those short-listed Offerors who submit a responsive Proposal to the RFP, but who are not
awarded the design-build contract, a Proposal Payment in consideration for ownership of the
information provided in the Proposal. VDOT anticipates the value of the Proposal Payment will
be Thirty Thousand dollars ($30,000). The terms for attaining such Proposal Payment will be
identified in the RFP.
8.0 PROTESTS
This Section simply summarizes protest remedies available with respect to the provisions
of the Code of Virginia that are relevant to protests of awards or decisions to award Design-Build
Contracts by VDOT. This Section does not purport to be a complete statement of those
provisions and is qualified in its entirety by reference to the actual provisions themselves.
In accordance with § 2.2-4360, of the Code of Virginia, if an unsuccessful Offeror
wishes to protest the award or decision to award a contract, such Offeror must submit a protest in
writing to VDOT’s POC no later than ten (10) calendar days after the award or the
announcement posting the decision to award, whichever occurs first. The written protest shall
include the basis for the protest and the relief sought. No protest shall lie for a claim that the
selected Offeror is not a responsible bidder.
Public notice of the award or the announcement of the decision to award shall be given
by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or
Request for Proposal. However, if the protest of any Offeror depends in whole or in part upon
information contained in public records pertaining to the procurement transaction that are subject
to inspection under § 2.2-4342, of the Code of Virginia, then the time within which the protest
must be submitted shall expire ten (10) calendar days after those records are available for
inspection by such Offeror under § 2.2-4342, of the Code of Virginia.
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VDOT shall issue a decision in writing within ten (10) calendar days of the receipt of any
protest stating the reasons for the action taken. This decision shall be final unless the Offeror
appeals within ten (10) calendar days of receipt of the written decision, by instituting legal action
in accordance with § 2.2-4364, of the Code of Virginia.
Pursuant to § 2.2-4362, of the Code of Virginia, an award need not be delayed for the
period allowed a bidder or Offeror to protest, but in the event of a timely protest, no further
action to award the Contract will be taken unless there is a written determination by the
Commissioner, or his designee, that proceeding without delay is necessary to protect the public
interest or unless the Design-Build Proposal would expire. Further, pursuant to § 2.2-4361, of
the Code of Virginia, pending a final determination of a protest or appeal, the validity of the
contract awarded and accepted in good faith shall not be affected by the fact that a protest or
appeal has been filed.
9.0 ADMINISTRATIVE REQUIREMENTS
In addition to the specific submittal requirements set forth in Section 3.0 above, all
Offerors shall comply with the following:
9.1 All Offerors and Submittals must at the time of their SOQ submittal comply with the law
and nothing herein is intended to contradict, nor supersede, any applicable State and Federal laws
and regulations. All Offerors shall be eligible at the time of their SOQ submittal, under the law
and relevant regulations, to offer and to provide all services proposed and related to the Project.
Unless exempted by §§ 54.1-401, 54.1-402, or 54.1-402.1 of the Code of Virginia, any person,
partnership, corporation, or other entity offering or practicing architecture, engineering, or land
surveying shall be registered or licensed in accordance with the provision of Chapter 4, Title
54.1 of the Code of Virginia. Offerors shall satisfy at the time of their SOQ submittal all
commercial and professional registration requirements, including, but not limited to the
requirements of the State Corporation Commission and the Department of Professional and
Occupational Regulations.
9.2 VDOT will not consider for award any Proposals submitted by any Offerors and will not
consent to subcontracting any portions of the proposed Design-Build Contract to any
subconsultants in violation of the provisions of the Federal Immigration Reform and Control Act
of 1986, which prohibits employment of illegal aliens.
9.3 All Offerors must have internal control systems in place that meet federal requirements
for accounting. These systems must comply with requirements of 48 CFR 31, “Federal
Acquisition Regulations, Contract Cost Principles and Procedures,” and 23 CFR 172,
“Administration of Engineering and Design Related Service Contracts.”
9.4 VDOT assures compliance with Title VI of the Civil Rights Act of 1964, as amended.
The consultant and all subconsultants selected for this Project will be required to submit a Title
VI Evaluation Report (EEO-D2) when requested by the Department to respond to the RFP. This
requirement applies to all consulting firms with fifteen (15) or more employees.
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9.5 VDOT does not discriminate against an Offeror because of race, religion, color, sex,
national origin, age, disability, or any other basis prohibited by state law relating to
discrimination in employment.
The Offerors shall note and comply with Commonwealth of Virginia Executive Order 61
Ensuring Equal Opportunity and Access for all Virginians in state contracting and public
services. The Offerors shall maintain a non-discrimination policy, which prohibits discrimination
by the Offeror on the basis of race, sex, color, national origin, religion, sexual orientation, gender
identity, age, political affiliation, disability, or veteran status. This policy shall be followed in all
employment practices, subcontracting practices, and delivery of goods or services. The Offerors
shall also include this requirement in all subcontracts valued over $10,000.
9.6 Offerors shall note and comply with the requirements relative to the eVA Business-to-
Government Vendor system. Virginia’s Total e-Procurement Solution, web site portal
(http://www.eva.state.va.us), streamlines and automates government purchasing activities in the
Commonwealth. The portal is the gateway for vendors to conduct business with state agencies
and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth
shall participate in the eVA Internet e-procurement solution through either eVA Basic Vendor
Registration Service or eVA Premium Vendor Registration Service. For more detail information
regarding eVA, registrations, fee schedule, and transaction fee, use the website link:
(http://www.eva.state.va.us).
9.7 Offerors are prohibited to access VDOT right of way and private property within the
Project Limits to perform any activities other than to observe the conditions of the site, unless
otherwise approved in writing by VDOT’s POC included in Part 1, Section 2.4. Furthermore, the
Offerors are on notice that any unauthorized access to VDOT right of way and private property
within the Project may be considered sufficient for the disqualification of the Offeror or may
render the Offeror’s Proposal non-responsive or both.
10.0 DISADVANTAGED BUSINESS ENTERPRISES (DBEs)
10.1 Any Design-Builder, subcontractor, supplier, DBE firm, and contract surety involved in the
performance of work on a federal-aid contract shall comply with the terms and conditions of the
United States Department of Transportation (USDOT) DBE Program as the terms appear in Part
26 of the Code of Federal Regulations (49 CFR as amended), the USDOT DBE Program
regulations; VDOT’s DBE Program rules and regulations, VDOT’s Road and Bridge
Specifications and Part 5 Exhibit 107.15 (Special Provision for Use of Disadvantaged Business
Enterprise for Design-Build Projects).
10.2 It is the policy of VDOT that DBEs, as defined in 49 CFR Part 26, shall have every
opportunity to participate in the performance of construction/consultant contracts. The DBE
contract goal for this procurement is identified in Section 3.2.11. Offerors are encouraged to
take all necessary and reasonable steps to ensure that DBEs have every opportunity to compete
for and perform services on contracts, including participation in any subsequent supplemental
24
contracts. If a portion of the work on the Project is to be subcontracted out, Offerors must seek
out and consider DBEs as potential subcontractors. DBEs must be contacted to solicit their
interest, capability and qualifications. Any agreement between an Offeror and a DBE whereby
the DBE promises not to provide services to any other Offeror or other contractors/consultants is
prohibited.
10.3 After Award of the Contract the Design-Builder shall submit documentation related to the
use of DBEs for the Project in accordance with the procedures set for in Part 5 Exhibit 107.15
(Special Provision for Use of Disadvantaged Business Enterprise for Design-Build Projects).
The DBE must become certified with the Virginia Department of Small Business and Supplier
Diversity (SBSD) prior to the performance of any work for the Project. In the case where the
DBE is to be utilized to achieve the DBE participation goal, the DBE must be certified prior to
the submission to VDOT of Forms C-111 (Minimum DBE Requirements), C-112 (Certification
of Binding Agreement with DBE Firms) and Form C-48 (Subcontractor/Supplier Solicitation and
Utilization). If the DBE is a prime, the firm will receive full credit for the planned involvement
of their own workforce, as well as the work they commit to be performed by DBE
subcontractors. DBE primes are encouraged to make the same outreach. DBE credit will be
awarded only for work actually performed by DBEs themselves. When a DBE prime or
subcontractor subcontracts work to another firm, the work counts toward the DBE goals only if
the other firm itself is a DBE. A DBE must perform or exercise responsibility for at least 30% of
the total cost of its contract with its own workforce.
10.4 DBE certification entitles a firm to participate in VDOT’s DBE Program. However, it
does not guarantee that the firm will obtain VDOT work nor does it attest to the firm’s abilities
to perform any particular type of work.
10.5 When preparing bids for projects with DBE goals, VDOT encourages prospective bidders
to seek the assistance of the following offices:
Department of Small Business and Supplier Diversity
1111 East Main Street, Suite 300
Richmond, VA 23219
Phone: (804) 786-6585
http://www.sbsd.virginia.gov/
Metropolitan Washington Airports Authority
Equal Opportunity Programs Department
1 Aviation Circle
Washington, DC 20001
Phone: (703) 417-8625
http://www.metwashairports.com/
Contractors are also encouraged to seek help from the VDOT Districts Equal
Employment Opportunity (EEO) Offices, Central Office Civil Rights Office and the VDOT
Business Opportunity and Workforce Development (BOWD) Center as listed below:
25
VDOT Central Office Lynchburg District
1221 East Broad Street 4219 Campbell Avenue
Richmond, VA 23219 Lynchburg, VA 24501
(804) 786-2085 (434) 856-8169
Bristol District Northern Virginia District
870 Bonham Drive 4975 Alliance Drive
Bristol, VA 24201 Fairfax, VA 22030
(276) 669-9907 (703) 259-1775
Culpeper District Richmond District
1601 Orange Road 2430 Pine Forest Drive
Culpeper, VA 22701 Colonial Heights, VA 23834
(540) 829-7523 (804) 524-6091
Fredericksburg District Salem District
87 Deacon Road 731 Harrison Avenue
Fredericksburg, VA 22405 Salem, VA 24153
(540) 899-4562 (540) 387-5453
Hampton Roads District Staunton District
1700 N. Main Street 811 Commerce Road
Suffolk, VA 23434 Staunton, VA 24401
(757) 925-2519 (540) 332-7888
BOWD
1602 Rolling Hills Drive
Suite 110
Richmond, VA 23229
Phone: (804) 662-9555
The following informational websites may also be of assistance:
www.virginiadot.org/business/bu_bizDev.asp
www.virginiadot.org/business/bu-civil-rights-home.asp
10.6 The Replacement of I-81 Bridges over Rte. 11, Norfolk Southern Railway & Middle Fork
Holston River Project has federal funding. In accordance with the Governor’s Executive Order
No. 20, VDOT requires a utilization of Small, Women and Minority (SWaM) Businesses to
participate in the performance of state funded projects. VDOT also encourages the utilization of
SWaM Firms to participate in the performance of federally funded projects. A list of
Department of Small Business and Supplier Diversity (SBSD) certified SWaM firms is
maintained on the SBSD web site (http://www.sbsd.virginia.gov/) under the SWaM Vendor
Directory link. Offerors are encouraged to take all necessary and reasonable steps to ensure that
SWaM firms have the maximum opportunity to compete for and perform services in the design-
26
build contract. If the Offeror intends to subcontract a portion of the services on the Project, the
Offeror is encouraged to seek out and consider SWaM firms as potential subconsultants. The
Offeror is encouraged to contact SWaM firms to solicit their interest, capability and
qualifications. Any agreement between an Offeror and a SWaM firm whereby the SWaM firm
promises not to provide services to other Offerors is prohibited.
11.0 MISCELLANEOUS
11.1 Requirement to Keep Team Intact
The team proposed by Offeror, including but not limited to the Offeror’s organizational
structure, Lead Contractor, the Lead Designer, Key Personnel, Sub-Contractor and/or Sub-
Consultant and other individuals identified pursuant to Section 3.3, shall remain on the Offeror’s
team for the duration of the procurement process and, if the Offeror is awarded the Design-Build
Contract, the duration of the Design-Build Contract. The Offeror shall not change or substitute
any Key Personnel except due to voluntary or involuntary termination of employment,
retirement, death, disability, incapacity, or as otherwise approved by the Department. Any
proposed change of Key Personnel must be submitted in writing to VDOT’s POC, who, in
his/her sole discretion, will determine whether to authorize a change. Unauthorized changes to
the Offeror’s team at any time during the procurement process may result in the elimination of
the Offeror from further consideration. Job duties and responsibilities of Key Personnel shall not
be delegated to others for the duration of the Contract.
11.2 Conflict of Interest
11.2.1 Implementation guidelines for VDOT’s policy on organizational conflicts of interest
relating to Design-Build procurement are documented in the Alternative Project Delivery
Division IIM-APD-2.1
(http://www.virginiadot.org/business/resources/LocDes/IIM-APD-2.pdf)
11.2.2 Each Offeror shall require its proposed team members to identify potential conflicts of
interest or a real or perceived competitive advantage relative to this procurement. Offerors are
notified that prior or existing contractual obligations between a company and a federal or state
agency relative to the Project or VDOT’s Design-Build program may present a conflict of
interest or a competitive advantage. If a potential conflict of interest or competitive advantage is
identified, the Offeror shall submit in writing the pertinent information to VDOT’s POC.
11.2.3 VDOT, in its sole discretion, will make a determination relative to potential
organizational conflicts of interest or a real or perceived competitive advantage, and its ability to
mitigate such a conflict. An organization determined to have a conflict of interest or competitive
advantage relative to this procurement that cannot be mitigated, shall not be allowed to
participate as a Design-Build team member for the Project. Failure to abide by VDOT’s
determination in this matter may result in a proposal being declared non-responsive.
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11.2.4 Conflicts of interest and a real or perceived competitive advantage are described in state
and federal law, and, for example, may include, but are not limited to the following situations:
.1 An organization or individual hired by VDOT to provide assistance in
development of instructions to Offerors or evaluation criteria for the Project.
.2 An organization or individual hired by VDOT to provide assistance in
development of instructions to Offerors or evaluation criteria as part of the
programmatic guidance or procurement documents for VDOT’s Design-Build
program, and as a result has a unique competitive advantage relative to the
Project.
.3 An organization or individual with a present or former contract with VDOT to
prepare planning, environmental, engineering, or technical work product for the
Project, and has a potential competitive advantage because such work product is
not available to all potential Offerors in a timely manner prior to the procurement
process.
.4 An organization or individual with a present contract with VDOT to provide
assistance in Design-Build contract administration for the Project.
11.2.5 VDOT reserves the right, in its sole discretion, to make determinations relative to
potential conflicts of interest on a project specific basis.
11.2.6 VDOT may, in its sole discretion, determine that a conflict of interest or a real or
perceived competitive advantage may be mitigated by disclosing all or a portion of the work
product produced by the organization or individual subject to review under this Section. If
documents have been designated as proprietary by Virginia law, the Offeror will be given the
opportunity to waive this protection from disclosure. If an Offeror elects not to disclose, then the
Offeror may be declared non-responsive.
11.2.7 The firms listed below will not be allowed to participate as a Design-Build team member
due to a conflict of interest.
MBP
Reynold Smith and Hill (RS&H), Inc. (RS&H)
Johnson, Mirmiran and Thompson, Inc. (JMT)
o Hurt & Proffitt
o ESP Associates, P.A
ECS Mid Atlantic, LLC
o Blue Ridge Drilling Inc.
o H&B Survey & Mapping, LLC
Any SOQs received in violation of this requirement will be rejected.
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11.3 Ethics in Public Contracting Act
VDOT may, in its sole discretion, disqualify the Offeror from further consideration for
the award of the Design-Build Contract if it is found after due notice and examination by VDOT
that there is a violation of the Ethics in Public Contracting Act, Section 2.2-4367 of the Virginia
Code, or any similar statute involving the Offeror in the procurement of the contract.
11.4 Virginia Freedom of Information Act
11.4.1 All SOQs submitted to VDOT become the property of VDOT and are subject to the
disclosure requirements of Section 2.2-4342 of the Virginia Public Procurement Act and the
Virginia Freedom of Information Act (FOIA) (Section 2.2—3700 et seq. of the Code of
Virginia). Offerors are advised to familiarize themselves with the provisions of each Act
referenced herein to ensure that documents identified as confidential will not be subject to
disclosure under FOIA. In no event shall the Commonwealth, the Commonwealth
Transportation Commissioner, or VDOT be liable to an Offeror for the disclosure of all or a
portion of a SOQ submitted pursuant to this request not properly identified as confidential.
11.4.2 If a responding Offeror has special concerns about information which it desires to make
available to VDOT but which it believes constitutes a trade secret, proprietary information, or
other confidential information exempted from disclosure, such responding Offeror should
specifically and conspicuously designate that information as such in its SOQ and state in writing
why protection of that information is needed. The Offeror should make a written request to
VDOT’s POC. The written request shall:
.1 Invoke such exemption upon the submission of the materials for which protection
is sought.
.2 Identify the specific data or other materials for which the protection is sought.
.3 State the reasons why the protection is necessary.
.4 Indicate that a similar process with the appropriate officials of the affected local
jurisdictions is or will be conducted. Failure to take such precautions prior to
submission of a SOQ may subject confidential information to disclosure under the
Virginia FOIA.
11.4.3 Blanket designations that do not identify the specific information shall not be acceptable
and may be cause for VDOT to treat the entire SOQ as public information. Nothing contained in
this provision shall modify or amend requirements and obligations imposed on VDOT by
applicable law, and the applicable law(s) shall control in the event of a conflict between the
procedures described above and any applicable law(s).
11.4.4 In the event VDOT receives a request for public disclosure of all or any portion of a
SOQ identified as confidential, VDOT will attempt to notify the Offeror of the request, providing
an opportunity for such Offeror to assert, in writing, claimed exemptions under the FOIA or
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other Virginia law. VDOT will come to its own determination whether or not the requested
materials are exempt from disclosure. In the event VDOT elects to disclose the requested
materials, it will provide the Offeror advance notice of its intent to disclose.
11.4.5 Because of the confidential nature of the evaluation and negotiation process associated
with this Project, and to preserve the propriety of each Offeror’s SOQ, it is VDOT’s intention,
subject to applicable law, not to consider a request for disclosure until after VDOT’s issuance of
a Notice of Intent to Award. Offerors are on notice that once a Design-Build Contract is
executed, some or all of the information submitted in the SOQ may lose its protection under the
applicable Virginia law.
11.5 Compliance with the Law in Virginia
Failure to comply with the law with regard to those legal requirements in Virginia
(whether federal or state) regarding your ability to lawfully offer and perform any services
proposed or related to the Project may render your SOQ submittal or RFP submittal, in the sole
and reasonable discretion of VDOT, non-responsive and/or non-responsible, and in that event
your SOQ submittal or RFP submittal may be returned without any consideration or evaluation
for selection of contract award.
12.0 ATTACHMENTS
The following attachments are specifically made a part of, and incorporated by reference
into, this RFQ:
ATTACHMENT 2.8 -- RFQ INFORMATION PACKAGE ORDER FORM
ATTACHMENT 2.10 -- FORM C-78-RFQ (ACKNOWLEDGEMENT OF
REVISIONS)
ATTACHMENT 3.1.2 -- SOQ CHECKLIST
ATTACHMENT 3.2.6 -- AFFILIATED AND SUBSIDARY COMPANIES
ATTACHMENT 3.2.7(a) -- CERTIFICATION REGARDING DEBARMENT
PRIMARY COVERED TRANSACTIONS
ATTACHMENT 3.2.7(b) -- CERTIFICATION REGARDING DEBARMENT
LOWER TIER COVERED TRANSACTIONS
ATTACHMENT 3.2.10 -- SCC AND DPOR INFORMATION TABLE
ATTACHMENT 3.3.1 -- KEY PERSONNEL RESUME FORM
ATTACHMENT 3.4.1(a) -- WORK HISTORY FORM/LEAD CONTRACTOR
ATTACHMENT 3.4.1(b) -- WORK HISTORY FORM/LEAD DESIGNER
ATTACHMENT 4.1.2 -- SAMPLE SOQ SCORE SHEET